Perroni v. Sachar

2017 Ark. 59, 513 S.W.3d 239, 2017 Ark. LEXIS 64
CourtSupreme Court of Arkansas
DecidedMarch 2, 2017
DocketCV-16-435
StatusPublished
Cited by10 cases

This text of 2017 Ark. 59 (Perroni v. Sachar) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perroni v. Sachar, 2017 Ark. 59, 513 S.W.3d 239, 2017 Ark. LEXIS 64 (Ark. 2017).

Opinions

JOHN DAN KEMP, Chief Justice

|,Appellant Sam Perroni appeals an order of the Pulaski County Circuit Court granting a motion to dismiss filed by ap-pellees David Sachar, Executive Director of the Arkansas Judicial Discipline and Disability Commission, and the Arkansas Judicial Discipline and Disability Commission (collectively the “Commission”). For reversal, Perroni argues that the circuit court should have retained subject-matter jurisdiction, that he had standing, and that the facts in the complaint should have been taken as true. We dismiss Perroni’s appeal for lack of subject-matter jurisdiction.

I. Facts

On January 10, 2011, Perroni filed a complaint with the Commission and its former executive director, David Stewart, against Circuit Judge Tim Fox. In his complaint, Perroni alleged that Judge Fox violated numerous provisions of the Arkansas Code of Judicial Conduct by (1) distributing partisan, political advertisements against an associate justice in | ghis race for the supreme court, (2) causing false docket information to be recorded on his court docket, (3) misrepresenting his availability for a hearing, (4) having an extramarital affair with his former law clerk, and (5) failing to recuse or disclose the relationship when his former law clerk or members of her law firm appeared before him. A three-member panel of the Commission investigated Perroni’s judicial complaint against Judge Fox. On July 7, 2011, Perro-ni received a copy of a letter written by Stewart to Judge Fox stating that the Commission’s investigation panel had reviewed and dismissed Perroni’s complaint. On October 31, 2011, Perroni filed a lawsuit against the Commission pursuant to the Arkansas Freedom of Information Act, seeking the identities of the members of the Commission’s panel that had investigated his judicial complaint against Judge Fox, The circuit court ordered the Commission to disclose the identities of the members of the investigative panel, and the executive director complied with the circuit court’s order.

On December 9, 2013, Perroni filed a second complaint with the Commission, alleging that Judge Fox intentionally violated campaign-finance laws, the Arkansas Freedom of Information Act, and a Pulaski County Circuit Court case-assignment plan. Perroni also alleged that Judge Fox abused the prestige of his office to advance his personal interests, attempted to cover up a conflict of interest concerning his former law clerk, and acted in a manner that eroded public confidence in the integrity and impartiality of the judiciary. The Commission found no probable cause on the complaint filed against Judge Fox, and as a result, the Commission did not file formal charges against him. The Commission dismissed Perroni’s second judicial complaint. Perroni later requested disclosure of the identities of |sthe members of the investigative panel that dismissed his second judicial complaint against Judge Fox. The executive director disclosed the names of those members.

Perroni then filed an original complaint, an amended complaint, and a second amended complaint against the Commission for declaratory judgment, injunctive relief,- and mandamus in Pulaski County Gircuit Court. In his second amended complaint, Perroni requested that the circuit court declare Arkansas Code Annotated section 16-10-404 (Repl. 2010 & Supp. 2015) unconstitutional and void; that Rules 8(C), (D), and (E) of the Rules of Procedure of the Arkansas Judicial Discipline and Disability Commission concerning investigation panels exceeded the authority of the Supreme Court of Arkansas and the Commission, pursuant to Amendment 66(f) of the Arkansas Constitution; that the Commission’s standard of “sufficient cause to proceed” with an investigation was unconstitutionally vague; and that the acts of the Commission’s alternate-member investigation panel constituted a nullity. Perroni also requested the circuit court to issue a mandatory injunction and a writ of mandamus directing the Commission to investigate his complaints against Judge Fox as it had in similar cases naming other Arkansas judges.

The Commission moved to dismiss Per-roni’s second amended complaint, arguing that the circuit court lacked jurisdiction to review the Commission’s decision because original jurisdiction lies with the supreme court; that the complaint failed to state a claim; that Perroni lacked standing; that the issue presented by Perroni was not ripe for judicial determination; that Perro-ni’s complaint was barred by the doctrine of res judicata; that section 16-10-405 was constitutional as a matter of law; and that a writ of mandamus should not lie.

|4On January 27, 2016, the circuit court entered an 'order granting the 'Commission’s motion -to dismiss for lack of subject-matter jurisdiction. The circuit court ruled that

this court has no ability to grant the relief sought as the fundamental issue is that of jurisdiction.... There is no statutory scheme that provides for a review of the Commission’s decisions by a circuit court.... [T]his court has determined that it does not have jurisdiction to decide this case.

From this order, Perroni timely filed his notice of appeal.

II. Subject-matter Jurisdiction

On appeal, Perroni argues that the circuit court erred in dismissing Perroni’s second amended complaint. Specifically, he contends that the circuit court had subject-matter jurisdiction, that he had standing to file suit, and that the facts stated in the complaint must be viewed by this court as true. The Commission responds that the circuit. court lacked, jurisdiction because original jurisdiction to review actions of the Commission lies exclusively with the supreme court.

The key issue is whether the circuit court had subject-matter jurisdiction over Perroni’s claims. Subject-matter jurisdiction is the power of the court to hear and determine the subject matter in controversy between the parties. Allen v. Cir. Ct. of Pulaski Cty., 2009 Ark. 167, 303 S.W.3d 70. It is well settled that subject-matter jurisdiction is a court’s authority to hear and decide a particular type of case. Edwards v. Edwards, 2009 Ark. 580, 357 S.W.3d 445. A court obtains subject-matter jurisdiction under the Arkansas Constitution or by means of constitutionally authorized statutes or court rules. Id. An Arkansas court lacks subject-matter jurisdiction if it cannot hear a matter “under any circumstances” and is “wholly incompetent to grant the relief sought.” Id. at 4, 357 S.W.3d at 448 (quoting J.W. Reynolds Lumber Co. v. Smackover State Bank, 310 Ark. 342, 352-53, 836 S.W.2d 853, 858 (1992)). We determine whether a court has subject-matter jurisdiction based on the pleadings. Union Pac. R.R. Co. v. State ex rel. Faulkner Cty., 316 Ark. 609, 873 S.W.2d 805 (1994). Circuit courts have original jurisdiction of “all justiciable matters not otherwise assigned pursuant to” the constitution. Ark. Const. amend. 80 § 6(A); Edwards v. Nelson, 372 Ark. 300, 275 S.W.3d 158 (2008).

Perroni filed a declaratory-judgment action in circuit court.

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Bluebook (online)
2017 Ark. 59, 513 S.W.3d 239, 2017 Ark. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perroni-v-sachar-ark-2017.